Algeria
When Algeria became party to the CEDAW in 1996, it entered a reservation to Article 9(2). According to the
Algerian Nationality Code then in force, an Algerian mother could only confer her nationality to a child if the
father was stateless, unknown or a foreigner who was himself born in Algeria. Children born to an Algerian
mother in Algeria of a foreign-born foreign father could apply to acquire Algerian nationality at majority,
provided they had established habitual and regular residence in the country, and subject to the approval of the
Minister of Justice.
After Algeria first appeared before it in 1999, the CEDAW Committee recommended in its Concluding
Observations that the country reform its nationality law to comply with Article 9(2), in addition to implementing
other gender-equality reforms to respect its CEDAW commitments. Algerian women’s organizations then used
the CEDAW Committee’s recommendations to press the Government for comprehensive change. In 2003 the
Government initiated a law reform process to examine a wide range of measures to improve gender equality.
The same year, Algerian and French women’s groups created the “20 Ans Barakat” movement, the title of which
referred to the 20-year anniversary of Algeria’s 1984 Family Code.6
By the time Algeria appeared for the second time before the CEDAW Committee, in January 2005, the Government
had introduced a bill before Parliament to grant women nationality rights equal to those enjoyed by men. This
was debated in the Parliamentary Committee on Juridical Affairs, where it benefited from several amendments
aimed at strengthening women’s rights. The President signed and promulgated the revised Nationality Code on
27 February 2005, the same day he signed and promulgated revisions to the Algerian Family Code.
The new Nationality Code repeals the limitations on Algerian mothers’ ability to confer nationality on their
children, replacing them with a simple overarching provision granting Algerian nationality to all children born
in or outside Algeria to an Algerian mother or father without distinction. These revised provisions of the code
apply with retroactive effect. As a result, individuals born to Algerian mothers and foreign fathers before the
reform are also considered nationals; thus the reform not only serves to prevent future statelessness but also
to resolve existing cases. Algeria subsequently lifted its reservation to CEDAW Article 9(2) in 2009.
Morocco
Morocco too entered a reservation to CEDAW Article 9(2) when it became party to the Convention in 1993. Its
Nationality Code at the time only permitted Moroccan women to confer their nationality in two circumstances:
when a child was born to an unknown father, or born in Morocco to a stateless father.
Nationality law reform in Morocco was achieved as the result of high-level Government support and a
sophisticated advocacy strategy implemented by Moroccan women’s groups. The process began, however,
with a grassroots campaign in 1992 focused on reforming the Moroccan family code, the Mudawana. In his first
speech to the Moroccan Parliament in 1999, the King announced his support for gender equality. In this context,
a coalition of women’s groups issued a broad-ranging call for legal change. While this was endorsed by the
Prime Minister, it was not universally welcomed in Moroccan society, and there were no immediate changes in
law or policy.
Given the stalemate that ensued, in 2001 the King assumed leadership of his gender-equality initiative in his
role as Amír al-Mu’minín, or Commander of the Faithful. He created a Commission, the Oulema, comprised of
religious, legal and other experts to examine options for reforming the Mudawana in light of universal human
rights standards and Islamic principles. The Commission embarked on a three-year process of consultations
and analysis to propose revisions to the family code. In February 2004, the legislation to reform the Mudawana
was unanimously passed by Parliament after the King endorsed the Commission’s work.
6
3
This movement gained prominence by producing a music video sung by women musicians from Algeria, France and Argentina promoting reform
of the Algerian Family Code. The video was aired on radio and French television and widely disseminated on the internet. More about the impact
of the music video on the law reform campaign can be found in the article, Singing for Change, Women’s Musicians Unite to Overturn Algeria’s
Family Code, available at: http://goo.gl/jnxAHI
CAMPAIGN TO END STATELESSNESS WITHIN 10 YE ARS